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Comments Off on Scam Alert: Calls from “The Court” regarding “Out of State” lawsuit against You!

A relatively new scam is being perpetrated against the latino community. It usually begins when the scammers get the victim’s personal information after they order a product from an infomercial. Months later, they will receive an urgent call from the “The Court” informing them of a pending lawsuit against them in another state. The amount they claim that is owed usually ranges from $3,000 to $5,000. They then inform them that the case could be dismissed if they send a Money Order or Prepaid Visa Card to an address ranging from $400 to $600. “The Court” usually then informs them that failing to pay can result in jail-time or “Immigration” being called and deportation proceedings being commenced.

US and State Courts do not serve notice of an action by telephone. The Rules of Civil Procedure for the US and State Courts have very specific rules regarding service and notice of lawsuits. If you are told that an action has been brought against you, ask them for the case file number and the jurisdiction where the action is being brought. This information is open to the public and can easily be verified by calling the actual clerk of court.

US and State Courts do not actively negotiate pending cases on behalf of either party. If the person calling claims to be the attorney of the company suing you, ask for their name and Bar License Number. Licensed attorney directories are available to the public on State Bar websites. You can call their local State Bar to confirm that the person calling is a licensed attorney.

The caller will begin to have a more and more aggressive tone the more questions you ask. They will reiterate the threat of jail or immigration consequences for not paying the balance they are asking. This, too, is false. The remedy for someone owing a company money is a civil judgment, not incarceration. The scammer is usually hoping that the victim does not understand the differences between criminal and civil court.

If you receive something in the mail stating you owe money, consult an attorney immediately. Generally, an attorney will be able to verify whether the documents and/or debts are valid. Again, all Defendants are required to be properly served with the cause of action being filed against them (by sheriff, certified mail return receipt, etc…). Most lawsuits and complaints are available to the public and easily tracked down by the clerk of that jurisdiction using the case file number.

If you receive harassing calls about a lawsuit and believe it to be a scam, contact your local Attorney General’s office at the Department of Justice. In North Carolina, the website to file a claim is http://www.ncdoj.gov/complaint. The phone number is 1-877-5-NO-SCAM. En Español: (919) 716-0058.

If you have any questions at all, please don’t hesitate to call us at (919) 410-6004. We would be glad to help you avoid being the next victim of this scam.

Many times, the difference between tens of thousands of dollars in potential liability and very limited liability is a simple clause in a contract. Be it a 2 year residential lease or a 5 year commercial lease, the fine print matters! Most everyone who enters into a contract does so with the highest expectations of success. But the truth of the matter is, unforeseen things happen and often time people are finding themselves unable to meet their contractual obligations. That is why it is so important to have an attorney review and negotiate any contract BEFORE you sign. This is the most ideal way to protect yourself and ensure that you are getting the best terms and deal out of your contract. And if you find yourself in a situation where there has been or will be a breach of contract, it is important to hire an attorney to advise you on your rights and your options. If you are looking to enter into any contractual agreement — be it business or personal — call us today to set up a consultation to find out how we can help.

Paying the ticket outright or pleading responsible in certain situations can lead to the following:

Accumulation of points in your driving and insurance record, which could increase your insurance premiums for the next three (3) years.

Revocation of your driving privilege (in certain cases of excessive speeding or after accumulating too many points in a three (3) year period).

In certain cases of Driving While License Revoked (DWLR), a maximum sentence of 120 days in jail.

In cases of compliance issues, paying a fine and cost of court for offenses that could be dismissed if properly remedied.

Please contact us so we can help you get a better outcome and potentially prevent the above from happening. It is always better to consult with an attorney in order to understand the potential consequences and outcomes of your ticket. The consultation is FREE with no obligation.

Call us at (919) 410-6004, and allow us the pleasure of assisting you.